Exception 4 To Section 300 IPC Not Applicable Where Accused Takes Undue Advantage By Inflicting A Fatal Injury On An Unarmed Victim: Kerala High Court. Custodial Interrogation Isn't Automatic: Punjab & Haryana HC Criticizes ED Remand Process Patna High Court Acquits Accused in Abduction Case Due to Inconsistencies and Lack of Evidence Madhya Pradesh High Court Quashes Passport Authority's Demand for Court Permission in Minor’s Passport Renewal Dispute Serious Allegations Under POCSO Act Cannot Be Quashed Solely Based On Withdrawal Of Accusations By The Victim’s Parent: Kerala High Court No Arbitrary Cut-Off Dates: HC Strikes Down Pension Restrictions for National Emergency Veterans Disciplinary Upholds Action Against RPF Officer For Failing To Prevent Theft: Delhi High Court Eviction Under Senior Citizens Act Not Permissible Without a Maintenance Claim: Patna High Court Maintainability of Divorce Suits Under Muslim Personal Law: Madhya Pradesh High Court Recognizes Muslim Male's Right to Judicial Divorce Presumption Under Section 113A of the Evidence Act Cannot Arise Without Evidence of Cruelty: Supreme Court Judicial Review Under Article 32 Not a Substitute for Statutory Remedies: Supreme Court Prosecution Failed to Prove Ingredients of Kidnapping or Abduction with Illicit Intent: Supreme Court Excise Duty | Price Was Not the Sole Consideration for Sale, and Extended Limitation Was Unjustified: Supreme Court Disciplinary Proceedings Based on Hearsay and Malice Cannot Be Sustained: Supreme Court

"CIVIL" Digest

Eligibility for District Judge Appointment – Practising Advocate Requirement: Challenge to interim order precluding appellant, a Munsiff-Magistrate trainee, from participating in viva-voce for District and Sessions Judge appointment. Legal scrutiny of whether such training status affects eligibility as a practising advocate. [Paras 1, 4, 5, 6] Judicial Service vs Advocate Practice –...

Writ Petition – Selection of Melsanthi (Head Priest) – Challenge to the selection of the 5th respondent as Melsanthi of Sabarimala Sree Dharma Sastha Temple for the year 1199 ME (2023-24) – Allegation of improper conduct in the draw of lots – Petitioner seeking a re-conduct of the selection process. [Paras 1, 7, 8]   CCTV Footage and News Item Review – Cour...

Section 125 (3) of Cr.P.C Interpretation – Maintenance Default – Sentencing Duration – Upholding Family Court's decision to sentence petitioner to ten months imprisonment for 28 months of maintenance arrears - Discussion on interpretations of Section 125 (3) of Cr.P.C regarding imprisonment duration for maintenance default - Affirmation that a month's imprisonment for eve...

Land Acquisition and Railway Employment Policy – Petitioners claim employment as a right following land acquisition by Railways – Question of policy application in granting jobs for land acquired for railway projects – Monetary compensation deemed primary, employment secondary and conditional – Review of Railway employment policy implications. [Paras 1, 2, 4, 8, 16-17] &...

  Selection Process and Appointment Invalidity – Writ Petition – Challenge to the selection processes by the West Bengal Central School Service Commission for appointment to various teaching and non-teaching positions – Court finds extensive procedural irregularities and illegalities, including appointments made outside of the merit panel, manipulation of Optical Mark Rec...

Matrimonial Appeal – Dissolution of Marriage and Compensation Claims – Appellant husband's plea for dissolution of marriage on grounds of respondent wife's alleged impotency dismissed – Counter claim by respondent wife for restitution of conjugal rights upheld – Awarded compensation and maintenance by Family Court, Kollam. [Para 1-3]   Marital Torts and C...

Qualifications for Appointment – Interpretation of 'Higher Qualification' – Case involving the eligibility of engineering degree and diploma holders for the post of Meter Reader/Spot Biller in KSEB – NTC in Electrician/Wireman/Electronics trade prescribed as qualification in notification – Engineering degrees/diplomas not presupposing acquisition of NTC, hence not t...

Input Tax Credit & Special Rebate under KVAT Act – Assessment Years 2009-10 to 2012-13 – Petitioners, rubber dealers, entitled to input tax credit and special rebate under Sections 11 and 12 of KVAT Act for tax paid on local rubber purchases. [Para 2] Exemption Notifications and Inter-State Sales – Notification under Section 8(5) of CST Act exempting natural rubber from CS...

Specific Performance Suit – Sale of Property – Appeal against trial court’s judgment declining specific performance and ordering return of advance sale consideration – Original suit involved an agreement (Ext.A1) for sale of property, with the plaintiff alleging defendant’s evasion of performance. [Para 2]   Readiness and Willingness to Perform – Key ...

Property Dispute – Will Execution – Challenge to the validity of a Will executed by the deceased Ajmer Singh in favor of the appellant, Pritam Kaur – Trial Court upheld the Will, but the First Appellate Court reversed the decision citing suspicious circumstances – High Court scrutinized the evidence and circumstances. [Para 1-8]   Burden of Proof – Propound...